Case law

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  • Kippax, D.M.D. v. State of Maine Board of Dental Practice

    Superior Court of Maine · Jun 9, 2021

    Seider v. Board of Examiners of Page 8 of 25 Psychologists, 2000 ME 206, ,r 8, 762 A.2d 551 quoting CWCO, Inc. v. … In Schaffer v. State Board of Veterinary Medicine, 143 Ga.

    Cited 0 timesUnpublished
  • Putnam v. Maine Board of Licensure For Foresters

    Superior Court of Maine · Apr 28, 2006

    Centamore v. Dep't of Human Services, 664 A.2d 369, 370 (Me. 1995). … Seider v. Board of Exam'r of Psychologists, 2000 ME 206 ¶ 9, 762 A.2d 551, 555 (Me. 2000) (citing CWCO, Inc. v. Superintendent of Ins., 1997 ME 226, 9 6, 703 A.2d 1258,1261 (Me. 1997)).

    Cited 0 timesUnpublished
  • Pulley v. Maine State Board of Chiropractic Licensure

    Superior Court of Maine · Jul 12, 2005

    PULLEY, D.C., Petitioner v. … Seider v. Bd. Of Examiners of Psychologists, 2000 ME 206, {| 8, 762 A.2d 551, 555 (citing Davric Maine Corp. v. Maine Harness Racing Commission, 1999 ME 99, 7, 732 A.2d 289, 293).

    Cited 0 timesUnpublished
  • Clemetson v. State of Maine Board of Licensure in Medicine

    Superior Court of Maine · Nov 7, 2017

    Cheney v. Me. Unemp't Ins. Comm'n, 2016 ME 105, ~ 6, 144 A.3d 45; Watts v. Bd of Envtl. Prat., 2014 ME 91, ~ 5, 97 A.3d 115; Guar. Trust Life Ins. Co. v. Superintendent ofIns., 2013 ME 102, ~ 18, 82 A.3d 121. … For example, in Stidham v.

    Cited 0 timesUnpublished
  • Lamorgese v. State of Maine Board of Licensure in Medicine

    Superior Court of Maine · Mar 31, 2017

    Fournier v. Dep't ofCorrs., 2009 ME 112. … In addition, the Board could bring a See Footnotes land 2; upon listening to the May 10, 2016 deliberations of the :i Board, the response from the Board on November 8, 2016 is not inconsistent with their original May 10

    Cited 0 timesUnpublished
  • Maranacook Area School Assn v. R.S.U. No. 38 School Board

    Superior Court of Maine · Dec 11, 2014

    the parties' expired collective bargaining agreement in arbitration under 26 M.R.S.A. § 964-A(2) was precluded by the Law Court's holding in Board of Trustees of the University of Maine System v. … The undersigned finds no denial of due process by the Board's process. See City of Augusta v. Local 1650, 2012 WL 5450584 (Me. Super. Oct. 12, 2012). Ill.

    Cited 0 timesUnpublished
  • Faia v. Board of Trustees for the Maine Criminal Justice Academy

    Superior Court of Maine · Aug 31, 2020

    bears the burden of proof to demonstrate that no competent evidence supports the Board's decision." Stein v. Me. Criniinal Justice Acad., 2014 ME 82, ~ 11, 95 A.3d 612. … Moreover, the Board "was free to make its own credibility determinations with respect to the conflicting evidence before it." Passadumkeag Mountain Friends v.

    Cited 0 timesUnpublished
  • Witham v. Board of Trustees for the Maine Criminal Justice Academy

    Superior Court of Maine · May 24, 2021

    Witham argues that the "legal counsel" who advised the Board was also the same attorney prosecuting the case before the Board which created an appearance of "confirmation bias." (Pet'r's Br. 15 (citing Howitt v. … Cf Opp Cotton Mills, Inc. v.

    Cited 0 timesUnpublished
  • Save Our Sebasticook v. Maine Board of Environmental Protection

    Superior Court of Maine · Jul 31, 2006

    See SOS v. FERC, as cited above. Second, the SOS appeal of the March 2005 decision to the Supreme Judicial Court was unsuccessful. See Save O u r Sebasticook, Inc. v . Dept. of Marine Resources, No. … See Fish v. Town of Winterport, 2003 ME 33, P. 5, 819 A. 2d 325,326.

    Cited 0 timesUnpublished
  • Vickers v. Maine State Board of Licensure in Medicine

    Superior Court of Maine · Apr 6, 2005

    Board of Exam'r of Psychologists, 2000 ME 206, 479, 762 A.2d 551, 555 (citing CTWCO, Inc. v. Superintelrdent of Ins., 1997 W E 226, '1[6, 703 A.2d 1258, 1261). … ~v. Keviii P. Slllliuniz, 976 P.2d 885 (Colo. Ct. App. 1999), the Colorado Board issued a complaint against a civilian physician 1\111o worked at a military reservation hospital.

    Cited 0 timesUnpublished
  • Coyne Operated Properties, LLC v. City of Westbrook

    Superior Court of Maine · Oct 12, 2021

    Issues not raised before the board or agency, including constitutional issues, may not be raised for the first time on appeal. Antler's Inn & Rest., LLC v. Dep't of Pub. … A party is deemed to have raised and preserved an issue if "there was a sufficient basis in the record to alert the [decision-maker] and any opposing party to the existence of that issue. 11 Brown v.

    Cited 0 timesUnpublished
  • King, York County Sheriff v. Board of County Commissioners, York County

    Superior Court of Maine · Feb 3, 2016

    AP-15-28 WILLIAM KING, YORK COUNTY SHERIFF, Plaintiff v. … Sold Inc. v. Town of Gorham, 2005 ME 24 ,r,r 10-11 , 868 A.2d 172. The Sheriff argues that there has been no final action and that his Rule 80B complaint is not untimely.

    Cited 0 timesUnpublished
  • Christian Hill Properties, LLC v. Appeals Board of the Town of Casco

    Superior Court of Maine · Nov 13, 2024

    Board. … Silsby v. Belch, 2008 ME 104, 'if 6, 952 A.2d 218.

    Cited 0 timesUnpublished
  • Macomber v. Maine State Employees Association

    Superior Court of Maine · Oct 1, 2019

    Such a dismissal is subject to review by the Labor Relations Board. Id. 2 Lundrigan v. Me. … Labor Relations Bd., 482 A.2d 834, 836 (Me. 1984) (citations and quotations omitted); see also Brown v. Me. State Emples. Ass'n, 1997 ME 24,, 7,690 A.2d 956.

    Cited 0 timesUnpublished
  • Friends of Mere Point v. Maine Board of Environmental Protection

    Superior Court of Maine · Mar 21, 2006

    See Kroeger v. Maine Department of Environmental Protection, 2005 ME 50, 9 16, 870 A.2d 566, 571, Isis Development, LLC v. Town of Wells, 2003 ME 149, ¶ 3, fn. 4, 836 A.2d 1285, 1286, fn.4. … The Board of Environmental Protection's August 11, 2005 order is affirmed.

    Cited 0 timesUnpublished
  • Briggs v. Town of York

    Superior Court of Maine · May 15, 2015

    In Brown v. … This court is unable to reconcile Paradis with Brown.

    Cited 0 timesUnpublished
  • Lawless v. Town of Vienna

    Superior Court of Maine · Nov 19, 2015

    State v. Brown, 2014 ME 79, '1f 24, 95 A.3d 83 (citations omitted). In Waterville Hotel Corp. v. … State v. Brown, 2014 ME 79, ~ 24, 95 A.3d 83; see also Davis v.

    Cited 0 timesUnpublished
  • Street v. State of Maine Board of Licensing of Auctioneers

    Superior Court of Maine · Mar 29, 2005

    Commerce Bank and Trust Co. v. Dworman, 2004 ME 142,97, 861 A.2d 662, 665; Berry v. Bd. of Trustees, 663 A.2d 14, 16 (Me. 1995}. … McLaughlin v. Superintending Sch. Comm. of Lincolnville, 2003 ME 114, 7 13, 832 A.2d 782, 786. See also, State v. Bjorkaryd-Bradbury, 2002 ME 44, § 9, 792 A.2d 1082, 1084; Lewiston Raceway, Inc. v.

    Cited 0 timesUnpublished
  • Bay Ferries, LTD. v. Board of Commissioners for the Port of Portland

    Superior Court of Maine · Jun 1, 2018

    The Board has a duty to determine that the pilotage rate is neither unreasonably low nor unreasonably high. See Indus. Energy Consumer Grp. v. Public Utils. … While the Pilots are correct that the Board is entitled to a presumption of regularity, see Conservation Law Found v. Dep 't ofEnvtl.

    Cited 0 timesUnpublished
  • Bay Ferries, LTD v. Board of Commissioners for the Port of Portland

    Superior Court of Maine · Jun 8, 2018

    Counts IV and V allege the fee increase is not supported by record evidence or findings and the Board did not make written findings of fact and conclusions of law. … Under these circumstances, the Court finds the Board Rules must yield to Rule SOB. Cf Smith v.

    Cited 0 timesUnpublished

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